718 Phil. 352
LEONARDO-DE CASTRO, J.:
Criminal Case No. DC 03-209Enriquez pleaded not guilty to both charges upon his arraignment[7] on June 19, 2003.
That on or about the 3rd day of June, 2003, in [Brgy.] Manibaug Libutad, municipality of Porac, province of Pampanga, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, ARTURO ENRIQUEZ y DELOS REYES, without any authority of law, did then and there wilfully, unlawfully and feloniously had in his possession, custody and control forty[-]five (45) small size heat-sealed transparent plastic sachets containing Methylamphetamine Hydrochloride (shabu) weighing TWO GRAMS AND SIX THOUSAND ONE TEN THOUSANDTHS (2.6001g) of a gram and one (1) pc. big size heat-sealed transparent plastic sachet containing Methylamphetamine Hydrochloride (shabu) weighing ONE THOUSAND TWO HUNDRED TWELVE TEN THOUSANDTHS (0.1212g) of a gram, a dangerous drug.[5]
Criminal Case No. DC 03-210
That on or about the 3rd day of June, 2003, in Brgy. Manibaug Libutad, municipality of Porac, province of Pampanga, Philippines and within the jurisdiction of this Honorable Court, the above-named accused, ARTURO ENRIQUEZ y DELOS REYES, without having been lawfully authorized, did then and there wilfully, unlawfully and feloniously, deliver and/or sell one (1) small size heat sealed transparent plastic sachet containing Methylamphetamine Hydrochloride (shabu) with an actual weight of FOUR HUNDRED TWENTY[-]TWO TEN THOUSANDTH (0.0422g) of a gram, a dangerous drug.[6]
In truth, Enriquez was alone, eating in an eatery in Manibaug, Porac, Pampanga, when three (3) men, all in civilian clothes, alighted from an owner-type jeep and approached him. One of the men, SPO2 David, then poked a gun at him. The former asked Enriquez if he knew a certain truck driver who is suspected of selling shabu. When he denied knowledge thereof, he was immediately handcuffed and was brought to the police station for further investigation. He was detained and was told that he is being suspected of selling shabu.On February 28, 2008, the RTC convicted Enriquez in its Decision, the dispositive portion of which reads:
Nora Pangilinan, a 37-year old helper of the sari-sari store, corroborated [Enriquez]’s testimony. She saw how the apprehending team rudely approached and arrested [Enriquez].[18] (Citations omitted.)
WHEREFORE, the prosecution having proven the guilt of the accused beyond reasonable doubt in the two (2) cases, the Court finds accused ARTURO ENRIQUEZ Y DE LO[S] REYES GUILTY of the offense as charged and hereby sentences him to suffer the penalty of LIFE IMPRISONMENT and a fine of Php 500,000.00, in Criminal Case No. DC 03-210 for violation of Section 5, Art. II of R.A. 9165. Accused Enriquez is also sentenced to suffer the penalty of imprisonment of TWELVE YEARS (12) AND ONE (1) DAY, as minimum, to FOURTEEN (14) YEARS AND EIGHT (8) MONTHS, as maximum, of Reclusion Temporal in Criminal Case No. DC 03-209 for violation of Section 11 of R.A. 9165 and a fine of Php 300,000.00.[19]Aggrieved, Enriquez appealed[20] to the Court of Appeals, which, on February 11, 2011, affirmed the decision of the RTC.[21]
Enriquez questions the fact that despite a month-long surveillance and casing operation against him, the police operatives still opted to conduct a buy-bust operation instead of securing a warrant for his arrest.[24] Moreover, Enriquez points out, the police officer, to test the substance they allegedly recovered from him during their test-buy operation, burned such substance instead of going through the proper testing procedures.[25]I
THE TRIAL COURT GRAVELY ERRED IN CONVICTING THE ACCUSED-APPELLANT DESPITE THE IRREGULARITY OF THE BUY-BUST OPERATION.II
THE TRIAL COURT GRAVELY ERRED IN CONVICTING THE ACCUSED-APPELLANT DESPITE THE PROSECUTION’S FAILURE TO PROVE WITH MORAL CERTAINTY THE IDENTITY OF THE CORPUS DELICTI.III
THE TRIAL COURT GRAVELY ERRED IN CONVICTING THE ACCUSED-APPELLANT DESPITE THE ARRESTING OFFICERS’ NON-COMPLIANCE WITH THE REQUIREMENTS FOR THE PROPER CUSTODY OF SEIZED DANGEROUS DRUGS UNDER REPUBLIC ACT NO. 9165.[23]
Section 5. Sale, Trading, Administration, Dispensation, Delivery, Distribution and Transportation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals. - The penalty of life imprisonment to death and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any person, who, unless authorized by law, shall sell, trade, administer, dispense, deliver, give away to another, distribute, dispatch in transit or transport any dangerous drug, including any and all species of opium poppy regardless of the quantity and purity involved, or shall act as a broker in any of such transactions.When prosecuting the sale of a dangerous drug, the following elements must be proven: (1) the identities of the buyer and seller, object, and consideration; and (2) the delivery of the thing sold and the payment therefor.[29] In cases of illegal possession of dangerous drugs, the essential requisites that must be established are: (1) the accused was in possession of the dangerous drug; (2) such possession is not authorized by law; and (3) the accused freely and consciously possessed the dangerous drug.[30]
The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed upon any person, who, unless authorized by law, shall sell, trade, administer, dispense, deliver, give away to another, distribute, dispatch in transit or transport any controlled precursor and essential chemical, or shall act as a broker in such transactions.
x x x x
Section 11. Possession of Dangerous Drugs. - The penalty of life imprisonment to death and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any person, who, unless authorized by law, shall possess any dangerous drug in the following quantities, regardless of the degree of purity thereof:
(1) 10 grams or more of opium;(2) 10 grams or more of morphine;(3) 10 grams or more of heroin;(4) 10 grams or more of cocaine or cocaine hydrochloride;(5) 50 grams or more of methamphetamine hydrochloride or “shabu;”(6) 10 grams or more of marijuana resin or marijuana resin oil;(7) 500 grams or more of marijuana; and(8) 10 grams or more of other dangerous drugs such as, but not limited to, methylenedioxymethamphetamine (MDMA) or “ecstasy,” paramethoxyamphetamine (PMA), trimethoxyamphetamine (TMA), lysergic acid diethylamide (LSD), gamma hydroxybutyrate (GHB), and those similarly designed or newly introduced drugs and their derivatives, without having any therapeutic value or if the quantity possessed is far beyond therapeutic requirements, as determined and promulgated by the Board in accordance to Section 93, Article XI of this Act.
Otherwise, if the quantity involved is less than the foregoing quantities, the penalties shall be graduated as follows:
(1) Life imprisonment and a fine ranging from Four hundred thousand pesos (P400,000.00) to Five hundred thousand pesos (P500,000.00), if the quantity of methamphetamine hydrochloride or “shabu” is ten (10) grams or more but less than fifty (50) grams; (2) Imprisonment of twenty (20) years and one (1) day to life imprisonment and a fine ranging from Four hundred thousand pesos (P400,000.00) to Five hundred thousand pesos (P500,000.00), if the quantities of dangerous drugs are five (5) grams or more but less than ten (10) grams of opium, morphine, heroin, cocaine or cocaine hydrochloride, marijuana resin or marijuana resin oil, methamphetamine hydrochloride or “shabu,” or other dangerous drugs such as, but not limited to, MDMA or “ecstasy,” PMA, TMA, LSD, GHB, and those similarly designed or newly introduced drugs and their derivatives, without having any therapeutic value or if the quantity possessed is far beyond therapeutic requirements; or three hundred (300) grams or more but less than five hundred (500) grams of marijuana; and (3) Imprisonment of twelve (12) years and one (1) day to twenty (20) years and a fine ranging from Three hundred thousand pesos (P300,000.00) to Four hundred thousand pesos (P400,000.00), if the quantities of dangerous drugs are less than five (5) grams of opium, morphine, heroin, cocaine or cocaine hydrochloride, marijuana resin or marijuana resin oil, methamphetamine hydrochloride or “shabu,” or other dangerous drugs such as, but not limited to, MDMA or “ecstasy,” PMA, TMA, LSD, GHB, and those similarly designed or newly introduced drugs and their derivatives, without having any therapeutic value or if the quantity possessed is far beyond therapeutic requirements; or less than three hundred (300) grams of marijuana.
Section 21. Custody and Disposition of Confiscated, Seized, and/or Surrendered Dangerous Drugs, Plant Sources of Dangerous Drugs, Controlled Precursors and Essential Chemicals, Instruments/Paraphernalia and/or Laboratory Equipment. – The PDEA shall take charge and have custody of all dangerous drugs, plant sources of dangerous drugs, controlled precursors and essential chemicals, as well as instruments/paraphernalia and/or laboratory equipment so confiscated, seized and/or surrendered, for proper disposition in the following manner:Its Implementing Rules and Regulations state:
(1) The apprehending team having initial custody and control of the drugs shall, immediately after seizure and confiscation, physically inventory and photograph the same in the presence of the accused or the person/s from whom such items were confiscated and/or seized, or his/her representative or counsel, a representative from the media and the Department of Justice (DOJ), and any elected public official who shall be required to sign the copies of the inventory and be given a copy thereof[.]
SECTION 21. Custody and Disposition of Confiscated, Seized and/or Surrendered Dangerous Drugs, Plant Sources of Dangerous Drugs, Controlled Precursors and Essential Chemicals, Instruments/Paraphernalia and/or Laboratory Equipment. — The PDEA shall take charge and have custody of all dangerous drugs, plant sources of dangerous drugs, controlled precursors and essential chemicals, as well as instruments/paraphernalia and/or laboratory equipment so confiscated, seized and/or surrendered, for proper disposition in the following manner:Section 1(b) of Dangerous Drugs Board Regulation No. 1, Series of 2002,[35] which implements the Comprehensive Dangerous Drugs Act of 2002, defines “chain of custody” as follows:
(a) The apprehending officer/team having initial custody and control of the drugs shall, immediately after seizure and confiscation, physically inventory and photograph the same in the presence of the accused or the person/s from whom such items were confiscated and/or seized, or his/her representative or counsel, a representative from the media and the Department of Justice (DOJ), and any elected public official who shall be required to sign the copies of the inventory and be given a copy thereof: Provided, that the physical inventory and photograph shall be conducted at the place where the search warrant is served; or at the nearest police station or at the nearest office of the apprehending officer/team, whichever is practicable, in case of warrantless seizures; Provided, further, that non-compliance with these requirements under justifiable grounds, as long as the integrity and the evidentiary value of the seized items are properly preserved by the apprehending officer/team, shall not render void and invalid such seizures of and custody over said items.
Chain of Custody means the duly recorded authorized movements and custody of seized drugs or controlled chemicals or plant sources of dangerous drugs or laboratory equipment of each stage, from the time of seizure/confiscation to receipt in the forensic laboratory to safekeeping to presentation in court for destruction. Such record of movements and custody of seized item shall include the identity and signature of the person who held temporary custody of the seized item, the date and time when such transfer of custody were made in the course of safekeeping and use in court as evidence, and the final disposition.Describing the mechanics of the custodial chain requirement, this Court, in People v. Cervantes,[36] said:
As a mode of authenticating evidence, the chain of custody rule requires that the admission of an exhibit be preceded by evidence sufficient to support a finding that the matter in question is what the proponent claims it to be. In context, this would ideally include testimony about every link in the chain, from the seizure of the prohibited drug up to the time it is offered into evidence, in such a way that everyone who touched the exhibit would describe how and from whom it was received, where it was and what happened to it while in the witness’ possession, the condition in which it was received, and the condition in which it was delivered to the next link in the chain. x x x. (Citation omitted.)Thus, the following are the links that must be established in the chain of custody in a buy-bust situation:
First, the seizure and marking, if practicable, of the illegal drug recovered from the accused by the apprehending officer;While non-compliance with the prescribed procedural requirements will not automatically render the seizure and custody of the items void and invalid, this is true only when “(i) there is a justifiable ground for such non-compliance, and (ii) the integrity and evidentiary value of the seized items are properly preserved.”[38] Thus, any divergence from the prescribed procedure must be justified and should not affect the integrity and evidentiary value of the confiscated contraband. Absent any of the said conditions, the non-compliance is an irregularity, a red flag, that casts reasonable doubt on the identity of the corpus delicti.
Second, the turnover of the illegal drug seized by the apprehending officer to the investigating officer;
Third, the turnover by the investigating officer of the illegal drug to the forensic chemist for laboratory examination; and
Fourth, the turnover and submission of the marked illegal drug seized from the forensic chemist to the court.[37]
Crucial in proving the chain of custody is the marking of the seized dangerous drugs or other related items immediately after they are seized from the accused, for the marking upon seizure is the starting point in the custodial link that succeeding handlers of the evidence will use as reference point. Moreover, the value of marking of the evidence is to separate the marked evidence from the corpus of all other similar or related evidence from the time of seizure from the accused until disposition at the end of criminal proceedings, obviating switching, “planting” or contamination of evidence. A failure to mark at the time of taking of initial custody imperils the integrity of the chain of custody that the law requires. (Citation omitted.)The second link in the chain of custody is the turnover of the illegal drug by the apprehending officer to the investigating officer. Both SPO2 David and SPO2 Divina testified that after the buy-bust operation, they brought Enriquez and the seized items to the police station. However, they both failed to identify the person to whom they turned over the seized items. Records show that the request for laboratory examination was prepared by Chief of Police Erese, and yet there is no evidence to show that he was the person who received the seized items from the apprehending officers. There is therefore a crucial missing link, i.e., what happened to the seized items after they left the hands of SPO2 David and SPO2 Divina and before they came to the hands of Chief of Police Erese.